5.Michel Reynolds — Direct (Part 1)
531 linesMICHEL REYNOLDS, Sworn
COURT CLERK: Have a seat. State your name. Spell your first and last name for the record. Keep your voice up and speak into the mic.
MICHEL REYNOLDS: My name is Michel Reynolds, M-i-c-h-e-l, R-e-y-n-o-l-d-s.
DIRECT EXAMINATION BY MR. BRUCK:
MR. BRUCK: Good morning, Mr. Reynolds.
MICHEL REYNOLDS: Good morning.
MR. BRUCK: Where do you live?
MICHEL REYNOLDS: I live in Princeton, New Jersey.
MR. BRUCK: What do you do?
MICHEL REYNOLDS: I teach in the Department of Near Eastern Studies at Princeton University where I am an associate professor, and I teach courses on the history, politics, and culture of the Middle East and what we now call Russia and Eurasia.
MR. BRUCK: How long have you been teaching at Princeton?
MICHEL REYNOLDS: I have been teaching there ten years.
MR. BRUCK: What is your educational background?
MICHEL REYNOLDS: I have a B.A. from Harvard University in government, or political science, and Slovak languages and literatures. I received my M.A. from Columbia University where I studied political science. And my doctorate is from Princeton University in the field of Near Eastern Studies.
MR. BRUCK: Do you have a particular academic interest and specialization in the history and culture of the North Caucasus Region, Islamic parts of Southern Russia?
MICHEL REYNOLDS: Yes, I do.
MR. BRUCK: And about how long has that been a particular interest of yours academically?
MICHEL REYNOLDS: Academically, I would say it's been an interest of mine since 1996. Personally, it's been an interest of mine since 1989.
MR. BRUCK: That -- which was when you were still in college?
MICHEL REYNOLDS: Correct, yes.
MR. BRUCK: And you traveled in the region starting at that time?
MICHEL REYNOLDS: Yes, that's correct.
MR. BRUCK: Do you -- are you a fluent Russian speaker?
MICHEL REYNOLDS: Yes, I am.
MR. BRUCK: Have you also -- in addition to the historical studies that you've told us about, have you also studied Islam?
MICHEL REYNOLDS: Yes, I have. My degree is in Near Eastern Studies, which is an older term for Middle Eastern studies. And as part of that, as my graduate training, I studied Islam, and many of my courses also address the topic of Islam.
MR. BRUCK: Have you also studied Arabic?
MICHEL REYNOLDS: Excuse me?
MR. BRUCK: Have you also studied Arabic?
MICHEL REYNOLDS: Yes, I have.
MR. BRUCK: I should ask you if you've ever been a witness in court before.
MICHEL REYNOLDS: No, I have not. This is my first time.
MR. BRUCK: Welcome.
MICHEL REYNOLDS: Thank you.
MR. BRUCK: What did we ask you to do?
MICHEL REYNOLDS: You asked me to perform essentially two tasks. One was to review the material found on the computers of the defendant and other people involved in this case.
MR. BRUCK: Other people including his brother, Tamerlan Tsarnaev?
MICHEL REYNOLDS: Yes, exactly, including his brother Tamerlan. I reviewed those materials, videos, links to websites, textual materials. Other materials included FBI reports. I believe there were reports from the Russian Security Services.
MR. BRUCK: Let me stop you there for a moment. Were a great deal of the materials that you were asked to look at in the Russian language?
MICHEL REYNOLDS: Yes, many of them were. Hundreds out of maybe -- the number might go into the thousands. There was a lot of material. I also reviewed essays written by the defendant. So that was one task. The other task was to provide historical and cultural background about the Chechens and the peoples of the North Caucasus.
MR. BRUCK: All right. I'd like to start with the second task first if I might. Who are the Chechens?
MICHEL REYNOLDS: The Chechens are a small people. Today their population, roughly speaking, is about 1.2 million. They are classified as a mountain peoples. They live in the North Caucasus. In terms of language, their language -- the Chechen language is part of the group called the Nakh Dagestani Group. That's significant in that it is not related at all to Slovak. So the Chechens have no -- are not Russians or Slovs.
MR. BRUCK: Let me clarify there. The Chechen language is not a dialect of Russian?
MICHEL REYNOLDS: No, absolutely not.
MR. BRUCK: It's --
MICHEL REYNOLDS: It's completely different from Russian or from any other -- from any Indo-European language, for that matter, nor is it related to Arabic. The Chechens are not Arabs. They're not Turks. Their language has no relationship to Turkish, nor do they ethnically, nor are they related to Persians, to Iranians, another group near the Caucasus. This is significant. The Chechens have been living in the Caucasus --
MR. BRUCK: Can you wait just a moment.
MR. BRUCK: Can we bring up the map 3501? I'm sorry. 3205-1, excuse me.
THE COURT: Okay. As a chalk?
MR. BRUCK: This is a chalk, yes. And the government has indicated it has no objection to a series of chalks.
THE COURT: Okay.
MR. BRUCK: Mr. Reynolds, does this depict the area of the Caucasus Mountains that includes Chechnya?
MICHEL REYNOLDS: Yes, it does.
MR. BRUCK: Before we get back to the Chechen people, is there some reason that the mountain range that's shown in the center -- these were the Great Caucasus Mountains or the Northern Caucasus?
MICHEL REYNOLDS: So the Northern Caucasus refers to the northern side of the Great Caucasus range.
MR. BRUCK: I see. Is there some reason why, as Americans, we would all have been familiar with some part of the Caucasus Mountains within the last few years?
MICHEL REYNOLDS: Yes, there is.
MR. BRUCK: If we could bring up 3502 and 3.
MR. BRUCK: And that's what?
MICHEL REYNOLDS: Well, in 2014, the Winter Olympics were held in Sochi.
MR. BRUCK: 3, please.
MR. BRUCK: These are the Winter Olympics?
MICHEL REYNOLDS: Correct, yes. That shows the site where the Winter Olympics were held.
MR. BRUCK: The 2014 Winter Olympics?
MICHEL REYNOLDS: Yes.
MR. BRUCK: You'll notice a mountain range along the top of that image.
MICHEL REYNOLDS: Yes. That is the Caucasus.
MR. BRUCK: If one were to follow that mountain ridge about 450 miles east, where would that be?
MICHEL REYNOLDS: That would put you in Chechnya.
MR. BRUCK: All right. You were beginning to tell us about the Chechen people. If we could focus in on the area of Chechnya on --
MR. BRUCK: Mr. Fick, on 35 -- on 01 and bring that -- enlarge this a little bit. Okay.
MR. BRUCK: This is the -- Grozny is the capital of Chechnya?
MICHEL REYNOLDS: Correct, yes, it is.
MR. BRUCK: All right. And Dagestan, which we've heard about, is the region to the east between Chechnya and the Caspian Sea?
MICHEL REYNOLDS: That is correct, yes.
MR. BRUCK: All right. How long have the Chechens lived in the Caucasus Mountains?
MICHEL REYNOLDS: The Chechens have been living in the Caucasus since well before recorded time, that is, thousands of years.
MR. BRUCK: What is the topography? What sort of land is it that -- in which they have made their home?
MICHEL REYNOLDS: Chechnya is a heavily -- it's a mountainous area, like Dagestan, also heavily forested. And topography has had profound implications for any culture and social organization of the Chechens and the other mountain peoples of the North Caucasus.
MR. BRUCK: We've brought up 3205-5. Is that a typical example of the topography of Chechnya?
MICHEL REYNOLDS: Yes. One can see mountains and a small village community.
MR. BRUCK: And 06, another Chechen --
MICHEL REYNOLDS: Yes.
MR. BRUCK: -- typical scene? And 07? No. Excuse me. You've said that the Chechens have lived in this region of the North Caucasus for thousands of years.
MICHEL REYNOLDS: Yes.
MR. BRUCK: How were they governed over that period of time? What country were they a part of?
MICHEL REYNOLDS: They weren't -- up until the middle of the 19th Century, Chechnya has never known anything like centralized rule. The Chechens essentially lived on their own in a -- without any centralized -- so they were neither part of a larger state, nor did they have anything that we would recognize as a state today; that is, there was no Chechen president. There was no Chechen emperor. There's no Chechen king. There was no centralized body of authority.
MR. BRUCK: Was there a capital city?
MICHEL REYNOLDS: No, there was no capital city. Instead, the Chechens, like the other mountain peoples of the North Caucasus, lived in small, isolated communities. Communities are isolated, of course, because they're living in the mountains. And they are small, of course, living in the mountains, there's limited space to build homes. Also, the land and mountains is relatively poor, so it cannot support large populations. So as a result, the mountain peoples live scattered in autonomous, small villages in the mountains. And this has had important implications for their culture.
MR. BRUCK: That was my question. How does any people -- how did the Chechen people live without a government, without police or a capital?
MICHEL REYNOLDS: Right. There was -- as I said, there was nothing. There was no president, no king, nor is there anything like a police service; there's no sheriff. So there were two particular challenges that mountain peoples face. One is the need to maintain social cohesion. So, as I said, these are difficult -- life in the mountains is precarious.
MR. WEINREB: Your Honor, I'm sorry to interrupt. But can we put this in a time frame? Because, otherwise, it's potentially irrelevant.
THE COURT: Yeah. I think that's a good idea to frame this.
MR. BRUCK: When we're talking about the evolution of Chechen society and culture over a long period of time, are you -- does this -- the description that you're giving us, does this extend to the present day?
MICHEL REYNOLDS: Absolutely, yes. This is -- yes.
MR. BRUCK: Okay. Although today there is a formal government, but the culture you're going to tell us about continues on today?
MICHEL REYNOLDS: Yes, absolutely.
MR. BRUCK: All right. So you were saying there were two basic requirements that have to be met.
MICHEL REYNOLDS: One is the importance of maintaining social cohesion. As I said, living in the mountains is a very precarious existence, and it's very important that the community stick together. You cannot separate from the community. You will perish if you were to do that in the mountains; and, likewise, the community depends upon every person, member, within it doing their part, their share. So it's quite important that everybody basically know their place and that they prevent the community from breaking up, that they all get along. The second challenge that mountain communities face is that of self-protection. Each of these is living on -- they're isolated. Because they live in the mountains, it's very difficult to travel, to communicate with others. So every community has to provide for its own self-protection. And as a result of these two needs, the mountain peoples developed a code of conduct and behaviors. This is called Adat. That's spelled A-d-a-t. And this is a social code that regulates everything from property rights inside of a community to the way that people within families interact.
MR. BRUCK: Let me get directly to that. How would you describe the structure of a Chechen family that is unusual in characteristic?
MICHEL REYNOLDS: Well, Chechen families, like the other mountain peoples of the North Caucasus, the family units are very strong. They've had to be. They are described -- they are, I should say, very patriarchal. That is, it is the elder men, the father in the family, is the person who over -- who runs the family and is responsible both for the welfare of the family, that is, the social -- I should say rather the material well-being of the family, as well as the cohesion of the family.
MR. BRUCK: So the father in the family plays a critical or the critical role, the dominant role. Are there implications of Adat, of this culture, for the relationships between siblings in a Chechen or North Caucasus family?
MICHEL REYNOLDS: Yes, very much so. So the father, of course -- there are cases, of course, where the father becomes incapacitated, either perhaps dies or is injured, et cetera. And then the role of the father is filled by the eldest brother. And brothers, there is a hierarchy among the brothers. And, again, for the purpose of cohesion, it's expected that the younger brothers will listen to the older brother.
MR. BRUCK: Is this an expectation which exists even when the father is around? Is this -- in other words, is there a relationship of equality or inequality between brothers in a family?
MICHEL REYNOLDS: Absolutely. This is something that is inculcated in children from their birth, from the very beginning. So the relationships between brothers and towards fathers is something that is -- certainly exists before anything happens to the father.
MR. BRUCK: So what, if anything, is the obligation owed a younger brother to an older brother?
MICHEL REYNOLDS: The younger brother owes his deference to the older brother, and he owes his loyalty to the older brother because it's understood to the older brother and to the family as a whole.
MR. BRUCK: Is there a corresponding authority of the older brother over the younger brother?
MICHEL REYNOLDS: Yes. I wouldn't want to push this analogy too far, but one could draw comparison between the family structure and that of a military unit in that, just as a military unit is hierarchal and has discipline for the purposes of maintaining unit cohesion and for purposes of self-protection, so too have the mountain peoples of the Caucasus developed a system of discipline and hierarchy to maintain, again, social cohesion and discipline in times of need, in times of emergency.
MR. BRUCK: Now, is this pattern of family relationship unique to the Chechens, or is it -- does it also characterize the cultures of other mountain peoples in this region?
MICHEL REYNOLDS: No, it is not unique to the Chechens. The other Highland peoples of the Caucasus, such as those -- many of those living in Dagestan. Also in the Northwest Caucasus one can find very similar patterns of family or social structure and behavior.
MR. BRUCK: If we had a family that was intermarried between an Avar -- who are the Avars, by the way?
MICHEL REYNOLDS: The Avars are a people who live in the highlands of Dagestan. They also are the -- ethnically and linguistically, their language also is considered a Caucasian language, meaning that it is not related to anything outside of the Caucasus and also a Highland peoples. I can go on.
MR. BRUCK: But the Avars are also a similar ethnic group to the Chechens living to their east?
MICHEL REYNOLDS: Similar. I mean, their language is very, very distantly related to the Chechens. But in terms of their social organization, by and large, they are similar.
MR. BRUCK: What is the religious affiliation, religious identification, of both the Avar people and the Chechens?
MICHEL REYNOLDS: Both the Avars and the Chechens and the majority of the mountain peoples of the North Caucasus are Sunni Muslims.
MR. BRUCK: So if one had a family that was the product of an intermarriage between a Chechen man and an Avar woman, would you expect that the patterns of family authority would be similar to that of a purely Chechen or purely Avar?
MICHEL REYNOLDS: Yes, I would.
MR. BRUCK: How do young -- how are these roles that you've described inculcated? How do young people learn them?
MICHEL REYNOLDS: They learn them from the -- from growing up, from birth onwards. These are patterns of behavior that they are -- that they witness, that they play out in their -- from the beginning of their lives.
MR. BRUCK: Now --
MICHEL REYNOLDS: It's a very powerful culture.
MR. BRUCK: Would you expect that these cultural patterns would hold true even for Chechens who did not grow up in Chechnya?
MICHEL REYNOLDS: Yes. We know that from Chechen groups living in diaspora, that is, outside of Chechnya, both in the former Soviet Union, and then those who lived in the Middle East and are living in the Middle East today. You see very similar patterns of family organization and behavior.
MR. BRUCK: You've told us about the authority of the eldest brother in a Chechen or a Caucasus family. What expectations are placed on the eldest brother culturally?
MICHEL REYNOLDS: Well, the eldest brother would be, again, expected to look after the material well-being of the family and, again, its cohesion.
MR. BRUCK: Does the eldest brother have special responsibilities in the eyes of the family as a whole or in the eyes of the community?
MICHEL REYNOLDS: Yes, absolutely. People from the outside often see this as something as a -- it's a position of honor, which it is, but it's also a position of great responsibility and a burden.
MR. BRUCK: Now, you told us that Chechnya for Millenia had no government, had no central authority, nothing that we would think of as political organization at least as we know it. Did there come a time when Chechnya entered the modern world?
MICHEL REYNOLDS: Yes. I would -- Chechen's modern history, perhaps very simplistically, identify four key moments or watershed moments. One of those occurred in 1859 when Chechnya and the rest of the North Caucasus was conquered by the Russian Empire, subjugated after a war that roughly ran for four decades, a war in which the Russian Empire used everything at its -- all the means of its disposal so both the military, did things such as destroying homes, destroys farmland, even poisoning water wells to deny the people water to drink. That is, they used -- the empire used every means at their disposal because the resistance that it faced was so strong. In part, this was a reflection of the strength of the mountain communities of the North Caucasus. They famously resisted. So that took place in 1859 when Dagestan and Chechnya were both finally conquered.
MR. BRUCK: And the next watershed moment in history?
MICHEL REYNOLDS: The next moment I would say occurred in 1917 when the Russian Empire had a revolution. The Czarist Regime -- the czar fell. And Chechnya had a brief moment of independence, 1917 to about 1919 when it was reconquered, this time by the Bolshevists, and it was forcibly reincorporated into what became the Soviet Union.
MR. BRUCK: Now, there's been testimony that the Tsarnaev family, Jahar Tsarnaev's father, Anzor, was born in Kyrgyzstan, in Central Asia, which is actually on the border of China, very far from Chechnya. Do you know why that might be so?
MICHEL REYNOLDS: Yes, I do.
MR. BRUCK: Can you tell us about that?
MICHEL REYNOLDS: Yes. In 1944 -- to be more specific, on 23 February 1944 -- Joseph Stalin, the leader of the Soviet Union, gave the order that the Chechen nation was to be deported en masse; that is, every single Chechen living inside of Chechnya was to be deported to Central Asia, that is, to Kazakhstan and Kyrgyzstan. This was in -- during World War II. The Soviet Union was at war with Germany. And the official accusation was that the Chechens had betrayed the Soviet Union, although this was -- and collaborated -- the charge was collaboration with the German armies, although the fact was that the German armies had never actually entered Chechnya. More likely, the reason for this is because the Soviet Union was at that time getting ready for a war -- potential war with Turkey. It was making territorial demands. But the --
MR. BRUCK: About how many Chechens were there at this time?
MICHEL REYNOLDS: There were roughly 400,000.
MR. BRUCK: What happened?
MICHEL REYNOLDS: They were all -- virtually all of them were put on cattle cars and sent from Chechnya. Again, this was on February 23rd. This is when it began. And with about -- within a week to two weeks virtually the whole nation had been put on cattle cars, sent to Central Asia. These cattle cars had no facilities. They were not equipped to carry human beings. There was no provision made for feeding people, no provisions even made for things such as toilets. And they were loaded onto the cattle cars, sent to Central Asia, where they did not find any sort of facilities waiting for them. There's no housing. It was not prepared. The majority of them were simply kicked out and left on the step to fend for themselves.
MR. BRUCK: Was there -- was there a mortality associated with this deportation?
MICHEL REYNOLDS: Yes. There was an extraordinarily high mortality rate as one might expect from -- in a matter of days, packing people into cattle cars. Estimates are -- range -- I would say the most reliable, about a third of the population died in the years both during the deportations and then, say, about two years after that due to disease, from -- and starvation and the general negligence and mistreatment.
MR. BRUCK: Did the survivors of that experience settle in Central Asia, in Kazakhstan and Kyrgyzstan for a time?
MICHEL REYNOLDS: Yes, that is correct.
MR. BRUCK: Did the Chechen communities become assimilated or did they remain intact?
MICHEL REYNOLDS: No, they did not assimilate. They maintained their identity as Chechens.
MR. BRUCK: Is that a story, a historical event, that Chechens today, young Chechens, know about?
MICHEL REYNOLDS: Absolutely. The majority -- and virtually all Chechens would have had relatives, for example, grandparents who had lived through that experience. And if they were one of the very few who didn't experience it, they would have -- or whose families did not experience it, they would certainly have known about it.
MR. BRUCK: In the discovery that you reviewed, did you look at a couple of very short high school essays by Dzhokhar Tsarnaev that described the Chechen deportations?
MICHEL REYNOLDS: Yes, I did.
MR. BRUCK: Did you find them to be accurate in the way the events were rendered?
MICHEL REYNOLDS: I did, yes.
MR. BRUCK: Were they extremist or radical in the view of what had happened?
MICHEL REYNOLDS: No, they were pretty mainstream.
MR. BRUCK: Did there come a time when many or most of the Chechens were allowed to return to Chechnya from Central Asia?
MICHEL REYNOLDS: Yes. Under -- in 1956, they were permitted to return to Chechnya.
MR. BRUCK: Did some Chechen families remain in Central Asia where they had put down roots?
MICHEL REYNOLDS: Yes, some did remain.
MR. BRUCK: As you understand, the Tsarnaev family were for a time --
MICHEL REYNOLDS: Right. Those who could return did. Those who could not, stayed where they had been deported.
MR. BRUCK: Now, you said there were four great events, and I think we've covered three of them. What was the fourth great turning point in Chechen history?
MICHEL REYNOLDS: The fourth one, I would say, is the breakup of the Soviet Union. That occurred in 1991. When the Soviet Union broke up, the constituent Republics of the Soviet Union -- there were 15 of them -- left the Soviet Union and became sovereign, independent states. Chechnya, because -- although it was a distinct part of the Russian Federation, because it was part of the Russian Federation, did not become an internationally recognized sovereign state. But there was a movement inside of Chechnya that pushed for Chechnya's emergence as an independent sovereign state, that is, a state that would be separate from Russia, from the Russian Federation.
MR. BRUCK: What happened as a result of that independence movement?
MICHEL REYNOLDS: That independence movement -- again, to keep things simple, that independence movement, the government was established in Chechnya that insisted that it was independent. Moscow, however, refused to recognize that independence; and in December of 1994, the president of Russia, Boris Yeltsin, ordered an invasion of Chechnya.
MR. BRUCK: This is what is known as The First Chechen War?
MICHEL REYNOLDS: Yes. This is what is usually called The First Chechen War.
MR. BRUCK: Can you describe, characterize, what happened during The First Chechen War? Let me ask you, before you do that, was this a war of Islamic radicalism or religious extremism?
MICHEL REYNOLDS: No, it was not in any way. The government that was formed in Chechnya was, in fact, explicitly a secular government, and it's one that aspired to the establishment of a Chechen national state.
MR. BRUCK: And can you describe the result of the Russian response in The First Chechen War?
MICHEL REYNOLDS: Again, to keep things simple, the Russian Army invaded in December 1994. That triggered the war that lasted about a year and eight months. And it was quite a destructive war. There are no -- there's no definite number of casualties. The lower estimates say that something like 50,000 people died. Other estimates go up to around 100,000 people killed.
MR. BRUCK: I'd like to bring up 3205-13, please, as a chalk.
MR. BRUCK: What does that photograph show?
MICHEL REYNOLDS: That shows the capital of Chechnya, Grozny, after the initial Russian invasion. This is from The First Chechen War.
MR. BRUCK: Does that fairly characterize the level of devastation in The First Chechen War that resulted from the Russian invasion?
MICHEL REYNOLDS: Yes. This is the result of artillery barrages and aerial bombardment.
MR. BRUCK: You said there were about 1.2 million Chechens at that time?
MICHEL REYNOLDS: Roughly, yes.
MR. BRUCK: And are there any estimates of how many people were killed during that First Chechen War?
MICHEL REYNOLDS: Right. So the estimates in the first war, lower estimates are around 50,000 people were killed. Other estimates go as high as 100,000. 100,000 is probably the most commonly cited figure for deaths.
MR. BRUCK: All right. During the course of that and to bring our story forward, was -- you said that this was not a religious war, not a religiously motivated rebellion on the part of the Chechens. Did that begin to change during the course of the First Chechen War?
MICHEL REYNOLDS: Yes, it did begin to change.
MR. BRUCK: How did that happen?
MICHEL REYNOLDS: Excuse me?
MR. BRUCK: How did --
MICHEL REYNOLDS: How. In particular, in 1995, a Saudi citizen by the name of Amir Khattab arrived in Chechnya.
MR. BRUCK: Can you bring up 3205-20, please?
MR. BRUCK: Do you recognize either one of these gentlemen as the person you're talking about?
MICHEL REYNOLDS: Yes. Amir Khattab is the one on the left, left-hand side, wearing the beret.
MR. BRUCK: And I believe Dr. Levitt, when he testified for the government earlier, referred to Amir Khattab as one of the leaders of the jihadi movement in the Caucasus. Can you tell us a little bit about what happened and how the -- how jihadis infiltrated or took over this effort?
MICHEL REYNOLDS: Right, yes. The jihadis saw the Chechen struggle as a wonderful opportunity for them to exploit. That is, they saw here was a small nation, Muslim nation, that was fighting a great power that was having some success in doing so during The First Chechen War. And in 1995, they began arriving in significant numbers inside of Chechnya. They were, by and large, well-armed and they were also -- perhaps even more importantly, they were well-funded. So someone like Amir Khattab had gone initially to Afghanistan to wage jihad and saw that --
MR. BRUCK: Wage jihad against the Russians?
MICHEL REYNOLDS: Yes. And then saw that here was a movement in Chechen to further the cause of jihad. So he arrived in Chechnya as well as other jihadis. And I should maybe just add, he was quite a charismatic figure. He made a name for himself, in particular, by carefully videotaping his battlefield exploits and by -- through the use of those videotapes and distributing them, particularly to potential backers in the Arab Gulf countries, was able to raise money for the cause of jihad.
MR. BRUCK: All right. The First Chechen War ended when?
MICHEL REYNOLDS: The First Chechen War came to an end in August of 1996 when there was an accord signed between the Chechen government and the Russian government. That was essentially a cease-fire that put off the question of Chechnya's ultimate status.
MR. BRUCK: Did that bring peace to Chechnya?
MICHEL REYNOLDS: Not exactly. The country, of course, had been devastated by the first war, and there was no possibility of any investment inside of Chechnya coming in from the outside to rebuild it. The jihadists saw this, again, as a wonderful -- saw -- believed that they had won the great victory in Chechnya. They had claimed the Chechen victory as their own. They sought to further exploit this victory. So more jihadis began to arrive in Chechnya. They were well-funded, and in a country that's been devastated by war, one of the best or the only ways to get employment was to join with jihadi brigades. Training camps were established inside of Chechnya. This jihadi movement then challenged the government inside of Chechnya and essentially became a state within a state. And in 1999, they invaded the neighboring Republic of Dagestan, part of the Russian Federation. And as part of their plan to export jihad from Chechnya through the rest of the North Caucasus and then ultimately through all of the predominately Muslim areas of the Russian Federation, that was their ultimate goal. The invasion of Dagestan in 1999 then triggered what is known as The Second Chechen War where Russia then reinvaded Chechnya.
MR. BRUCK: How long did The Second Chechen War last?
MICHEL REYNOLDS: The second war lasted -- formal military operations lasted from 1999 until 2009.
MR. BRUCK: Was that a less bloody or destructive war than the first?
MICHEL REYNOLDS: No. That war was arguably even more destructive because the lesson that the Russian military and what Vladimir Putin took from the first war was that Russia had lost the first war because it fought with one arm tied behind its back effectively. And the Russian military was determined not to lose the second war and effectively used every means at its disposal to win that war.
MR. BRUCK: During this time, and especially during the time of The Second Chechen War, you say 1999 forward, what was the status of Chechens in the former Soviet Union, in Russia, including in Dagestan? What was it like to be a Chechen?
MICHEL REYNOLDS: Very difficult. Of course, Russia was at war inside of Chechnya, and Chechens were regarded, both in Russia and in the countries of the former Soviet Union, as both an unwanted element and often were targets for police harassment, and particularly extortion of bribes was very common.
MR. BRUCK: Now, you said that one of the innovations of Amir Khattab in The First Chechen War was the videotaping of battles and military operations which were then used -- sent to Arab countries to use for fund-raising and so forth. Did that continue as a propaganda tool into the age of the internet, up till the present time?
MICHEL REYNOLDS: Yes, absolutely, yes.
MR. BRUCK: Given this whole history that you've narrated, have summarized very briefly, if a young Chechen in the United States or elsewhere in the world went online looking for information about his roots, his origins, as a Chechen, what would he find?
MICHEL REYNOLDS: Well, he would -- what he would find on the internet would be that the Chechen cause is one that's very much intertwined with the cause of international jihad. I should state that in the second war the resistance in Chechnya increasing became limited just to diehard jihadis, both those Chechens who had joined the cause of jihad as well as the foreigners who had come to Chechnya for the purposes of waging jihad. Those jihadis were well-funded and established a prominent presence on the internet. And whenever one looks for anything regarding Chechnya or Chechen history, one almost immediately stumbles upon websites dedicated to jihad and that describe the wars in Chechnya as wars of jihadis.
MR. BRUCK: Now, Dr. Levitt, in his testimony, referred to a website called kavkazcenter.com. Are you familiar with that site?
MICHEL REYNOLDS: Yes, I am.
MR. BRUCK: And is that perhaps the leading jihadi website that is based in the North Caucasus?
MICHEL REYNOLDS: Yes, that is the leading website. It also has several -- established several related websites.
MR. BRUCK: Did you look at the browsing history on Jahar Tsarnaev's computers and also on -- the computer, Sony VAIO, and also on Tamerlan Tsarnaev's computer, the Samsung computer?
MICHEL REYNOLDS: Yes, I did.
MR. BRUCK: Did you also look at the -- I believe it's 3303-009, the chart of Tamerlan Tsarnaev's internet activity, browsing history, that was introduced by Mr. Mark Spencer?
MICHEL REYNOLDS: Yes.
MR. BRUCK: I note that the -- of course, this reflects the number of -- the frequency and proportion of browsing activity by the operator of the Samsung laptop, which, of course, is Tamerlan's computer?
MR. WEINREB: I would object to him testifying about what the computer shows. It's okay to ask him questions about --
THE COURT: All right. Rephrase it.
MR. BRUCK: Looking at this chart, would you note what the second-most-frequent browsing target is?
MICHEL REYNOLDS: Kavkazcenter.com, the website which we just discussed.
MR. BRUCK: All right. I think there's -- the jury had a -- have you reviewed an FBI statement by Magomed Kartoshov, which I believe was substantially introduced here in court here the other day?
MICHEL REYNOLDS: Yes, I have.
MR. BRUCK: There were references in that to kavkazcenter.com?
MICHEL REYNOLDS: Yes, there were.
MR. BRUCK: That Mr. Kartoshov was quoting Tamerlan Tsarnaev as saying that that's where he got his ideas?
MICHEL REYNOLDS: Correct, yes.
MR. BRUCK: All right. That is the website we're talking about?
MICHEL REYNOLDS: Exactly, that is the website.
MR. BRUCK: Okay. And youtube.com, did you examine many of the links -- follow many of the links that were reflected in the browsing history involving YouTube for --
MICHEL REYNOLDS: Yes.
MR. BRUCK: -- for this computer?
MICHEL REYNOLDS: Yes, I did.
MR. BRUCK: Were a great many of those --
MR. WEINREB: Your Honor.
MR. BRUCK: What was the nature of --
MR. WEINREB: We're getting into leading questions in an area where I think --
MR. BRUCK: I'll rephrase it.
THE COURT: All right.
MR. BRUCK: What was the nature of the websites on YouTube that you reviewed?
MICHEL REYNOLDS: I would divide -- basically, I would say there were three groups, three types of videos that --
MR. BRUCK: Now, broadly speaking.
MICHEL REYNOLDS: Broadly speaking.
MR. BRUCK: If there's one overall category, were they music? Were they entertainment? Were they political?
MICHEL REYNOLDS: No. The vast majority had something to do with Islam.
MR. BRUCK: Okay. And if you can characterize those Islamic links or links, what -- you said there were three basic categories. Could you describe what you observed by following those links?
MICHEL REYNOLDS: So I would say the first category would be instructional videos. Largely these are lectures where a single person is speaking. Some of them might be interviews where the speaker is explaining various points of Islamic doctrine, sometimes ritual. So they are effectively instructional videos. The second --
MR. BRUCK: I should ask, were the majority of these in Russian?
MICHEL REYNOLDS: The instructional videos, there was a mix, both in English language and in Russian.
MR. BRUCK: And you listened to them both?
MICHEL REYNOLDS: Yes, I did. I did.
MR. BRUCK: The second category?
MICHEL REYNOLDS: The second category, I would say, would be -- I would call atrocity.
MR. BRUCK: Atrocity?
MICHEL REYNOLDS: Yes. And these were videos portraying the atrocities committed against Muslims in various parts of the globe. Many in particular were from Syria, from the current Civil War in Syria, but other places as well, the Uighurs in China. And then I would say the third category -- sometimes these categories overlapped. But the third category, I would describe --
MR. BRUCK: Before we go to the third category --
MICHEL REYNOLDS: Yes.
MR. BRUCK: -- let's look at an example of the second that you picked out for us. We would like to -- let me just -- did you identify an example that you wanted to play a few minutes of involving a documentary about Syria?
MICHEL REYNOLDS: Yes.
MR. BRUCK: All right. Was that documentary an English documentary that you found on YouTube that was dubbed into Russian?
MICHEL REYNOLDS: Yes.
MR. BRUCK: All right. And in order for ease of listening, did you locate the English originals without the Russian dubbing?
MICHEL REYNOLDS: Yes, I did. It was not difficult.
MR. BRUCK: And is that video Exhibit No. 33-23-004A?
MICHEL REYNOLDS: I believe so, yes.
MR. BRUCK: We would offer this and propose to play from 40 seconds to three minutes and 40 seconds, just a total of three minutes out of what is a half-hour video, to give some sample of the type of material being viewed on the Samsung.
MR. WEINREB: Your Honor, I object on relevance grounds.
THE COURT: On relevance grounds, it's overruled.
MR. BRUCK: Thank you.
MR. WEINREB: Can we approach?
THE COURT: Yes.
(SIDEBAR CONFERENCE AS FOLLOWS:
MR. WEINREB: Your Honor, I object on several grounds.
THE COURT: Okay. All right. You thought that was a winner, huh?
MR. WEINREB: I thought that was an all-embracing one. We are -- this witness was noticed primarily as being a background witness about Chechnya and the Caucasus and so on. He's now -- to display a video of -- I think it was just described as being about Syria -- it is beyond his area of expertise, beyond what was noticed. I believe it's more prejudicial than probative. And it's not --
THE COURT: Well, I guess it depends on the content of it, which I'm not familiar with.
MR. BRUCK: Well, this is -- it's the start of a video which is very much motivational. It has some Hollywood movies, sort of what difference can one man do in the world. Well, it depends on the man. And then it -- you know, very much in the we want you. And then it goes to clips of people mourning and wailing and the destruction in Syria. They're not extremely graphic. They're emotional.
But the point of it is, we have thousands and thousands of hours that Tamerlan Tsarnaev saw, that is documented in exhibits. We think it's terribly important -- this witness -- first of all, as far as the notice goes, the government complained on Thursday they didn't have notice. We supplemented the -- our notice and put this witness over till today. So they knew exactly -- we provided this video. They've seen it, which is why they're able to object to it.
There needs to be -- this witness has explained the history that leads up to this situation by which young Chechens have sort of been led into or exposed to this really very foreign jihadi movement. And it has exercised a great power over people like Tamerlan Tsarnaev, and we believe he pulled his younger brother in.
To make that credible, we think just three minutes out of the thousands of hours that he saw and then a few visual websites that won't be videos, just to give some picture of what -- when we say that these websites are important, we've got to be able to show why they're important, why they could have actually moved somebody. With everything the jury has seen about this crime, three minutes of scenes from Syria is not going to --
THE COURT: What is the source of the video?
MR. FICK: The Russian-language video was linked into Tamerlan Tsarnaev's web history. It was testified --
THE COURT: I know it came from the computer. But where did the computer get it? Is it from Kavkaz?
MR. FICK: This particular one is a YouTube link. It's not Kavkaz Center. But YouTube is also one of the big internet history categories that the witness just testified about. It was part of the notice. The point is that the Russian-language version of this was in the internet history of the computer.
THE COURT: Who is the producer of the video? Is it known?
THE COURT: Some of them are. Some of them --
MR. BRUCK: The point -- none of it is being offered for the truth. It's being offered to show the effect of this propaganda, which is being represented as truth to Tamerlan Tsarnaev.
MR. WEINREB: Your Honor, this is all argument. He's not an expert on these things. He's not a terrorism expert. He's not a radicalization expert. He's a professor of history at Princeton. He can't testify about the effect of --
MR. BRUCK: He's not going to.
MR. WEINREB: Excuse me. I'm talking.
He can't talk about the radicalizing effects of these things or that somebody looking at it would -- that's the implication of his testimony. That's the whole point for playing it while he's on the witness stand as opposed to playing it as a chalk during closing argument and saying, This is what Tamerlan Tsarnaev was looking at on his computer. Imagine the effect that this must have. This is precisely what we objected to and moved in limine to exclude this witness from doing. He's sort of bleeding over into psychological-type --
THE COURT: Okay. I reverse the relevance ruling. I think that convinced me.
MR. BRUCK: He's not going to say anything about it. Can we just play it and --
THE COURT: Maybe some other time but I think, for his testimony, no.
MR. BRUCK: Once he goes off, I can just play it?
THE COURT: I don't know. I'm not deciding that question.
MS. CONRAD: May I have one moment?
(Discussion held off the record.)
MR. BRUCK: Well --
THE COURT: Anyway, the objection is sustained.
. . . END OF SIDEBAR CONFERENCE.)
MR. BRUCK: Well, you've described -- could you generally describe -- we're not going to play it, but could you generally describe the -- what you mean by atrocity videos that were on Kavkaz Center and in the YouTube materials that you reviewed from Tamerlan's computers?
MICHEL REYNOLDS: So the video that we're not going to show or more general? The video that I had selected, in particular, has scenes of the Civil War in Syria where depicted are -- and it's quite graphic -- Syrian civilians that have been -- suffered from shelling and bombing by the government of Syria. And the message over -- as a speaker, as these events --
MR. WEINREB: This is not a matter of expert testimony. He's just describing what's in the exhibit --
THE COURT: Right. I think --
MR. WEINREB: -- he saw on YouTube.
THE COURT: It sounded like the question started out to be a general one about those two sites or caches or whatever on the computer.
MR. BRUCK: Did you find a very large quantity of these what you've characterized as atrocity videos in Tamerlan Tsarnaev's --
MICHEL REYNOLDS: Yes.
MR. WEINREB: Objection, your Honor.
THE COURT: No.
MR. WEINREB: That's not a question for an expert witness on --
THE COURT: Okay. The witness had started to describe the three categories. This is the second one. Maybe we could get to the third one.
MR. BRUCK: Yes. We'll move on.
MR. BRUCK: What was the third category of material that you found in profusion on the Samsung?
MICHEL REYNOLDS: The third category is one I would categorize as motivational videos.
MR. BRUCK: Motivational?
MICHEL REYNOLDS: Motivational. So these are videos predominantly from the Caucasus, Dagestan and Chechnya, also from other sites. But the -- parts of the globe where jihad is being waged. But the message here, it depicts jihadis in the mountains either in combat or preparing to go to combat, marching through the mountains. And they give one a sense of adventure. One sees a camaraderie.
MR. WEINREB: Objection, your Honor. We've heard the category. Now we're getting into something else.
THE COURT: No. I think he can describe the nature of the content. Go ahead.
MICHEL REYNOLDS: So depictions of -- one sees camaraderie, and one sees basically young men standing for something larger than themselves. So where -- the emphasize isn't the harm being done to Muslims. The harm is more -- the emphasis, rather, is sort of one -- one could be part of a greater cause, and being part of this greater cause is something that is very rewarding in an immediate sense of being part of a group and proving one's courage.
MR. BRUCK: Were there very large number of these videos linked on the Samsung?
MICHEL REYNOLDS: Yes, there were.
MR. BRUCK: Now, in addition, did you review an Odnoklassniki page that Tamerlan Tsarnaev created?
MICHEL REYNOLDS: Yes, I did.
MR. BRUCK: Can you --
MR. BRUCK: I think you have the spelling, do you not?
MR. BRUCK: What is Odnoklassniki?
MICHEL REYNOLDS: Odnoklassniki is a Russian-language social media website. Odnoklassniki basically translates as classmates.
MR. BRUCK: Classmates?
MICHEL REYNOLDS: Classmates, correct. And I would -- very similar to Facebook. It's the same sort of social media site as Facebook.
MR. BRUCK: If we could please have on the -- okay. We'd like to move into evidence 3707 -- excuse me, 3307-001, which is Tamerlan Tsarnaev's Russian-language Odnoklassniki page.
MR. WEINREB: Your Honor, we object to this as well on the same grounds as before.
THE COURT: Can I see the -- can you put it up?
MR. BRUCK: Now, this, of course, is Tamerlan's own page. This is not something that --
MR. WEINREB: Your Honor, can we approach on that? There's been no foundation for that. This witness has no way of laying a foundation.
THE COURT: I'll see you at the side.
(SIDEBAR CONFERENCE AS FOLLOWS:
THE COURT: Where are you headed?
MR. BRUCK: Well, this is -- the Kartoshov statement, which is in evidence, referred to the fact that Tamerlan put up a Facebook page -- an Odnoklassniki page after he returned from Russia. This is an Odnoklassniki page which has a great deal of internal evidence that it -- it's posted using his name Muaz, which is a name he adopted. But there's a great deal of internal evidence that this is, in fact, Tamerlan Tsarnaev's page, and we think the jury should see what he was putting out. And the government has certainly put out what precious little the defendant put out.
THE COURT: How does it relate to the witness' testimony?
MR. BRUCK: Well, we simply need a witness to explain what Odnoklassniki is and that this is the Russian Facebook. He's not going to evaluate it. In that sense, he's like a reader. He's going to translate one Islamic -- one Russian Islamic line on the home page, which is just an Islamic jihadi religious statement. And the jury can see it and that's it. He's just going to -- I mean, someone has to do it, and it needs to be someone who speaks Russian.
MR. WEINREB: Your Honor, there may be evidence or information from which a juror could infer that this is Tamerlan Tsarnaev's Odnoklassniki -- Russian equivalent Facebook page, but this witness isn't going to provide it, and no other witness has provided it.
THE COURT: I guess the point may be that it is in some respect self-authenticating.
MR. WEINREB: It is not, your Honor. We tried very hard to authenticate it ourselves in the course of the investigation in this case. It's on his computer, but determining that it is, in fact, his page requires somebody with knowledge. And this witness doesn't have it, and no other witness has testified about it.
In addition, it is, once again, I think, inappropriate to publish these images through this expert witness. The images on this page are shocking and lurid. And for the defense to try to publish them while an expert witness is on the stand is to basically argue about them using an expert who really knows nothing about them. He's simply being -- they're being published during the course of his testimony in order to present them to the jury in an argumentative way.
MR. FICK: On the authentication question, first of all, experts are often permitted to talk about or testify about things that are not in evidence or to explain them. As to the authentication, the government produced this page to us in a letter identifying it as Tamerlan's page. It is linked from Tamerlan Tsarnaev's internet history. Internal information on the page suggests it's a person -- the person self-identifies as a resident of Boston of the appropriate age.
THE COURT: Well, I gather it doesn't directly relate to his opinions. It's just, as you say, he's a convenient person to do it.
MR. BRUCK: Well --
THE COURT: If that's the case, then I think it should not come in.
MR. FICK: As sort of a Russian-speaking historian and political scientist of the region, he's really the only person who can both understand it in Russian and explain what it means in the context of what he's already been talking about.
MR. BRUCK: He's not going to say any more about it than just introduce it.
THE COURT: No. I'll exclude it.
. . . END OF SIDEBAR CONFERENCE.)
MR. BRUCK: Mr. Spencer -- excuse me, Mr. Reynolds, you told me -- you told us that -- you told us a little bit about Kavkaz Center as a jihadi website or a radical Islamist website based in the Caucasus. By the way, you described the innovation of Amir Khattab in The First Chechen War as videotaping battles. This was a new thing that hadn't been done before?
MICHEL REYNOLDS: Yes. I can't say for certain it hadn't been done, but it was one where he distinguished himself from other jihadis.
MR. BRUCK: Would it be fair to say that this technique has wildly proliferated?
MICHEL REYNOLDS: Absolutely, yes.
MR. BRUCK: And these are the types of videotapes you were describing a moment ago, the motivational videotapes?
MICHEL REYNOLDS: Correct, yes.
MR. BRUCK: Getting now to Kavkaz Center, did you --
MR. BRUCK: We'd like to move in a couple of representative pages.
MR. BRUCK: Did you find Russian pages in Tamerlan Tsarnaev's -- Kavkaz Center is in several languages now, is that correct?
MICHEL REYNOLDS: That's correct. It's in four languages. It has -- it's in Russian, English, Turkish, and Arabic.
MR. BRUCK: And did you find some representative Russian-language links that Tamerlan Tsarnaev had linked to and then found the English equivalent so that we would be able to see the same page in English?
MICHEL REYNOLDS: Yes.
MR. BRUCK: We'd like to offer 3314-001A, which is the English -- I'm sorry, 001 and 001A, which is just an example of the sort of material on the internet, side by side, and ask you if this is one of the kavkazcenter.com links that you found in Tamerlan Tsarnaev's internet browsing history.
MR. WEINREB: Can we see it on the screen first?
MR. BRUCK: There was no objection?
MR. WEINREB: No objection.
MR. BRUCK: Very well.
THE COURT: Okay.
(Defendant's Exhibit No. 3314-001 and 3314-001A received into evidence.)
MR. BRUCK: Can you just -- this is, in effect, a jihadi --
MR. WEINREB: Objection to the --
MR. BRUCK: Well, can you generally describe what this is?
MICHEL REYNOLDS: The Kavkaz Center or this particular part?
MR. BRUCK: Well, both.
MICHEL REYNOLDS: Well, kavkazcenter.com, as I stated, is a jihadi website dedicated in particular to the support of jihad in the Caucasus, the North Caucasus even more specifically, so as materials, videos, showing jihadis fighting in the Caucasus, speaking to audiences about what they're doing. And then there are other materials explaining -- such as this textual materials, explaining what a Muslim is supposed to do, what are their obligations, what are the obligations of their faith.
MR. BRUCK: And if we could look at 3314-003 and 003A.
THE COURT: Is there any objection to this?
MR. WEINREB: No, your Honor.
THE COURT: Okay.
(Defendant's Exhibit No. 3314-003 and 3314-003A received into evidence.)
MR. BRUCK: And this is a -- can you just generally characterize what --
MICHEL REYNOLDS: This is an announcement about a Chechen jihadist who was killed fighting in Syria.
MR. BRUCK: Okay. And you found this on Tamerlan Tsarnaev's internet history?
MICHEL REYNOLDS: Yes.
MR. BRUCK: And the date of that, we note, is April 7, 2013?
MICHEL REYNOLDS: Correct, yes.
MR. BRUCK: And were these the only such links that you found?
MICHEL REYNOLDS: No. There were many, many, many beside this. There were countless, it seemed.
MR. BRUCK: Now, there's been some testimony about Yahoo email exchanges between Tamerlan, when he was in Russia, and Jahar, his brother. And I'd like to know whether you examined these exchanges.
MR. BRUCK: And, in particular, I'd like to bring up 3316 -- I'm sorry, 3316-002, which is in evidence.
THE COURT: Okay.
MR. BRUCK: And go to Page 8. I may need to make that a little larger.
MR. BRUCK: Do you recognize what that -- looking at the email exchange, the Yahoo email exchange on the left, to refresh your memory, do you recall what this link is, who sent it to whom?
MICHEL REYNOLDS: Yes. This is, I believe, Jahar Tsarnaev had sent to his brother Tamerlan while Tamerlan was in Dagestan, I believe.
MR. BRUCK: All right. And this was a response --
MR. WEINREB: Object to the leading nature of the question, your Honor. If he knows or doesn't --
MR. BRUCK: Do you know what the -- what triggered this email?
MICHEL REYNOLDS: Yes, I do. There had been email exchanges from Tamerlan to Jahar, and Tamerlan had sent a number of links and material related to and in support of jihad and jihadi interpretations of Islam. And most of those received the reply -- or virtually all of them, except for this one, received the reply of, That's interesting. There was no reply of any substantive nature. This is the one -- the reply that I saw that had anything substantive in it.
MR. BRUCK: And it was a reply that contained a link?
MICHEL REYNOLDS: Yes.
MR. BRUCK: And this is the link?
MICHEL REYNOLDS: That's correct.
MR. BRUCK: Can you tell us what this link is?
MICHEL REYNOLDS: So this is a link to a -- first, the website Ihlas -- I think it was a dot-org -- is a registered -- a website of an organization, a Muslim organization, located in Moscow. That's legal --
MR. BRUCK: You need to slow down a little bit. A Muslim organization located in Moscow?
MICHEL REYNOLDS: Located in Moscow.
MR. BRUCK: Is that a jihadi organization?
MICHEL REYNOLDS: No, absolutely not. It is one that is registered, operates openly, and, as I would describe it, probably as a philanthropical educational institution. They have classes for both adults and for children to instruct them in the basics of the Islamic faith as well as they also carry out charitable activities.
MR. BRUCK: Is the organization sanctioned by the Russian government?
MICHEL REYNOLDS: Yes. No, this is one that is registered and operates very much in the open.
MR. BRUCK: What was the content of the material from this state-sanctioned Muslim website?
MICHEL REYNOLDS: Right. So the link is to a text that's taking -- that comes from a Muslim mystic, perhaps the most famous, by the name of Ibn Arabi. He lived in the 12th and 13th Centuries. The text is from a larger work of his known as Shajarat al-Kawn, which translates essentially to the Tree of Being. And the text of the -- is -- depicts or describes an imaginary encounter between the Prophet Muhammad and Satan. And they have a conversation in which Muhammad asks Satan what the things that either make you very happy and then what are the things that upset you? And the sorts of things that -- the emphasis of the text is that the things that people do in their everyday lives such as if you -- things that drive Satan crazy are when someone performs their ablutions, that is, the ritual washing and getting ready for prayer. That drives him crazy. What makes him happy is when someone lies, when a divorce takes place. Ibn Arabi is a mystic that was reviled by jihadis. This is an interpretation of Islam that is poles apart from the Salafi interpretation of Islam and the jihadi interpretation of Islam. They regard -- jihadis regard Ibn Arabi essentially as a blasphemer, as an apostate, as utterly contemptible. And that's the thing that really struck me looking at this message. Of all the things to send back --
MR. WEINREB: Objection, your Honor. That is going beyond --
THE COURT: No. I think it's still germane.
MICHEL REYNOLDS: Of all the texts to send back, this is one from Ibn Arabi, who, again, is a figure, an Islamic thinker, who is reviled and very strongly reviled -- and I choose that word carefully -- reviled by jihadis. The text of it is very much about everyday sorts of activities that people -- everyday life they engage in. There is no reference to jihad or any kind of fighting or killing in this text.
MR. BRUCK: Thank you. Switching gears now, I'd like to ask you if you researched -- well, I guess, to try to answer the question: In the writing on the boat, there is a line, "Know that you are fighting man who look into the barrel of your gun and see heaven. How can you compete with that?" Did we ask you to try to determine if you could whether that was an original line that Dzhokhar Tsarnaev had come up with on his own?
MICHEL REYNOLDS: Yes, you did ask me to look into that line, and I can say it was certainly not an original one.
MR. BRUCK: What did you find out about it?
MICHEL REYNOLDS: That line and variations of it -- so sometimes one sees, instead of -- there's the barrel of a gun in some. Others refer to a barrel of a pistol. So there are slight variations. One -- I found this widespread throughout Russian-language social websites used primarily by Muslims but not only Muslims. There are a number of non-Muslims. One finds it on their websites. One finds it now used in reference to the current conflict in Ukraine.
MR. BRUCK: In Ukraine?
MICHEL REYNOLDS: Correct, yes.
MR. BRUCK: Which is not a religious conflict?
MICHEL REYNOLDS: No, not at all. There are no Muslims virtually involved in the conflict in Ukraine. It's used in both sides. After -- it seems to have become quite popular after 2010. There was a noted increase in its usage. And I would say the average -- it struck me the most commonly it seemed to be used by people sort of posing on their --
MR. BRUCK: Posing?
MICHEL REYNOLDS: Posing, right, trying to look cool on their websites. It has sort of an interesting ring to it. Some people who posted this -- the quote -- I searched for the origins as well, who first originally uttered this and where did it come from. Some people who posed -- who posted it claim that it came from an Afghan in the 19th Century who had been fighting the British. That is the closest claim I found to a source for the citation, although that strikes me as largely probably an invented origin.
MR. BRUCK: So it's ubiquitous?
MICHEL REYNOLDS: Yes. It's very much ubiquitous, found, again, all throughout Russian-language social media, websites, and used by a wide range of people, generally males in their teenage years, early 20s, mostly Muslim but not solely Muslim. And, again, even some Ukrainians on both sides have invoked it.
MR. BRUCK: All right. Now, finally, I'd like to ask you a little bit about some issues, people, organizations, and materials related to Tamerlan's six-month trip to Russia in 2012. Did you review some FBI 302s, including the statement of Magomed Kartoshov that the jury has already heard about that trip?
MICHEL REYNOLDS: Yes, I did.
MR. BRUCK: Did -- by the way, who is Magomed Kartoshov in terms of -- he lives where or did before his arrest?
MICHEL REYNOLDS: Magomed Kartoshov lives in Dagestan. He is the chairman of an organization known as the Union of the Just.
MR. BRUCK: Tell me about the Union of the Just.
MICHEL REYNOLDS: The Union of the Just is an organization that was founded for the protection of the rights of Muslims inside of Dagestan, and a particular concern of it has been protecting the rights of Muslims from the police in -- against violation by the police and security services inside of Dagestan.
MR. BRUCK: Is this an organization with any following?
MICHEL REYNOLDS: Yes, it does have a fair following. The numbers of the organization itself are not known, but one can see it can bring out several thousand people for rallies inside of Dagestan.
MR. BRUCK: What is its relationship -- there is a violent insurgency in Dagestan at the present time, is there not?
MICHEL REYNOLDS: That is correct, yes.
MR. BRUCK: There was when Tamerlan traveled to Dagestan --
MR. WEINREB: Your Honor, these are leading questions again.
MR. BRUCK: I'll rephrase.
MR. BRUCK: Was there, if you know, a violent insurgency taking place in Dagestan in the first half of 2012?
MICHEL REYNOLDS: Yes. There has been an insurgency going on in Dagestan for the last -- well, one can say it starts shortly after the breakup of the Soviet Union but certainly within the last 15 years. And it's ongoing today.
MR. BRUCK: At all relevant times, there have been --
MR. WEINREB: Objection to the phrasing of the question.
THE COURT: Okay.
MR. BRUCK: What, if you know, is the relationship of the Union of the Just to the insurgency?
MICHEL REYNOLDS: The Union of the Just -- from all the materials that I've reviewed, the Union of the Just is one that is -- I would say them as being sympathetic to the insurgents. They don't outwardly advocate the use of violence, but they do not condemn it. And they are very quick to criticize the police and security services for their treatment of accused or suspected jihadists and other insurgents. And they are -- it's an organization that aspires to the -- I mean, Kartoshov himself has explained in interviews that he wishes to see the establishment of Islamic law inside of Russia, that he desires the reestablishment of the Caliphate. That is, the Caliphate was the political union of all Muslims that have existed that was founded by the Prophet Muhammad and then existed with the four -- what they call the four righteously guided successors to Muhammad. And the Union of the Just seeks to recreate this political union of all Muslims throughout the world.
MR. BRUCK: By the way, you said interviews. Are interviews and speeches to crowds by Kartoshov available online?
MICHEL REYNOLDS: Yes, they are.
MR. BRUCK: Did you examine some of those?
MICHEL REYNOLDS: Yes, I did.
MR. BRUCK: So they're posted?
MICHEL REYNOLDS: Yes. So there are both interviews with Kartoshov where he explains his views, and then there are multiple videos of Kartoshov speaking at rallies.
MR. BRUCK: And advocating what you've described?
MICHEL REYNOLDS: Yes.
MR. BRUCK: And, of course, is it your understanding that Kartoshov is a cousin of --
MR. WEINREB: Objection.
MICHEL REYNOLDS: Yes.
MR. BRUCK: -- of Tamerlan?
MICHEL REYNOLDS: Yes.
MR. BRUCK: Now, is the Union of the Just ideologically affiliated with some larger organization?
MICHEL REYNOLDS: It is. It is affiliated -- shares the same world view and program as an organization known as Hizb ut-Tahrir.
MR. BRUCK: The court reporter has that, but you might want to spell it just so --
MICHEL REYNOLDS: Okay. Usually that's -- there are a number of ways one can spell it. The phonetic way would be H-i-z-b, and then the next word would be u-t, dash, T -- usually the second T is capitalized -- a-h-r-i-r. And "Hizb" means basically party. "Tahrir" means liberation. So it means the Party of Liberation, in particular, Islamic liberation.
MR. BRUCK: What is the ideology of Hizb ut-Tahrir?
MICHEL REYNOLDS: Hizb ut-Tahrir is a global organization and has members all throughout the world, and it aspires to the restoration of the Caliphate, again, the political union of all Muslims.
MR. BRUCK: Okay. Now, did you review several hours of audio recordings that were found on Tamerlan Tsarnaev's encrypted hard drive?
MICHEL REYNOLDS: Yes, I did.
MR. BRUCK: All right. They were in what language?
MICHEL REYNOLDS: They were in Russian.
MR. BRUCK: Okay. And they have also been -- we have an English translation transcript?
MICHEL REYNOLDS: Yes.
MR. BRUCK: One of those is already introduced in evidence as Exhibit 3306, I believe, 3306-J. Now, you listened to -- how many hours in total did you say these conversations --
MICHEL REYNOLDS: They were about six hours, maybe slightly more than six hours. Excuse me, rather, I mean, slightly more than three hours. They were generally about 30 minutes to 40 minutes apiece.
MR. BRUCK: And they -- how many people, generally speaking, are talking on these tapes?
MICHEL REYNOLDS: Usually around four, but sometimes there's some voices in the background. But the majority of it usually speaking is about four people.
MR. BRUCK: Do all of them involve one person who is designated in the transcript as "MV," for "male voice"?
MICHEL REYNOLDS: Yes.
MR. BRUCK: And I think the record will reflect --
MR. WEINREB: Objection, your Honor. That's not appropriate. He can't testify about what the --
THE COURT: What? Is this to the coming question or the last question?
MR. WEINREB: The question that's coming. Mr. Bruck is about to testify about things in evidence.
MR. BRUCK: Well, I'll move on. The jury has heard --
THE COURT: It's in evidence.
MR. BRUCK: The voice has been identified.
MR. BRUCK: Would you generally describe the nature of these conversations? And then we'd like to just have you read through some examples to illustrate your assessment. But in a general way, could you describe what this conversation between MV, the person designated as "male voice," and the other speakers on these three hours of tapes --
MR. WEINREB: Your Honor, I object, and maybe we should be heard at the sidebar.
THE COURT: Yeah, let me see you.
(SIDEBAR CONFERENCE AS FOLLOWS:
MR. WEINREB: Your Honor, his interpretation of the conversation between Tamerlan Tsarnaev and Magomed Kartoshov and other people is not within his area of expertise. It's not really something we've been given robust notice of. We were noticed that defense wanted him to do it, but it was not within what we were told this expert, who is an expert in -- and he is a professor of Near East studies at Princeton, has some understanding of Islam and some other things that he testified about. But I think this is using him to make arguments to the jury about what inferences they should draw from these.
MR. BRUCK: He's going to be speak in a very general way. We have three hours of tapes. There has to be some way of condensing this into a manageable form. He's going to say that Tamerlan Tsarnaev -- about which there has been abundant evidence already -- is expressing a desire to fight, to take -- to take violent action. And that is the subject matter of these instructions. And he will read a passage in which the upshot of one of these discussions is that there are many different paths and that he, Tamerlan, is drawing the conclusion that his path, which is an expressly violent one, is valid. So it's sort of a --
MR. WEINREB: He's using him as a reader and then using him to argue about the meaning of these things.
THE COURT: How is it connected to his expert testimony?
MR. BRUCK: He's a Russian speaker. We have a translation, but --
MR. FICK: The problem is it's three hours of conversations. They're extremely dense and complex with Islamic terminology.
THE COURT: Right. You need an expert, but that's not what he was noticed for.
MR. BRUCK: We noticed him that -- in the supplemental notice, we said that he was going to characterize and discuss these --
MR. WEINREB: There's a difference between a notice that simply says we're going to -- right. I knew that this was coming. That's why I'm up here objecting. But that's different from saying that that's who this expert is. It's not an expert.
THE COURT: I think it goes beyond the scope of his testimony.
MR. BRUCK: Then why don't we have him read the passage.
MR. WEINREB: He's not a reader, your Honor.
THE COURT: It may imply his expertise in reading.
MR. BRUCK: So we'll just have to use a reader to read it.
THE COURT: Perhaps. It's in evidence anyway.
MR. BRUCK: Yes, but --
. . . END OF SIDEBAR CONFERENCE.)
MR. BRUCK: So to summarize -- and I'm not going to go into the content of the tapes with you, Professor Reynolds, but just so that we sort of leave off with the jury understanding what these are, these are --
MR. WEINREB: I'd object, your Honor. We're about to have a summary given by Mr. Bruck.
THE COURT: Yeah, sustained.
MR. BRUCK: Okay. Bear with me just a moment.
I think that's all, Professor Reynolds. Thank you very much.
MICHEL REYNOLDS: Thank you.
MR. WEINREB: Your Honor, I think -- I propose taking the lunch break and then coming back to -- I'll be much more than ten minutes.
THE COURT: Right, but we could begin. Let me just see you briefly.
(SIDEBAR CONFERENCE AS FOLLOWS:
MR. WEINREB: I think if we could take an abbreviated lunch break perhaps to 1:30.
THE COURT: That's what I wanted to know. From now until 1:30?
MS. CLARKE: We pulled two people in today that were on for tomorrow so we would have the full day. Now we're cutting it short. It would be nice to get them on. They're short witnesses. Do you know how long you'll be?
MR. WEINREB: I think I'll be half an hour at the most, so I think --
THE COURT: How long will Bezy be?
MS. CLARKE: We're not going to be able to finish him today. We're going to flip Roche and Bezy and Alvarez and -- yeah, we're going to do Howard and Alvarez.
THE COURT: I thought you'd like to get him on and off today.
MS. CLARKE: We'd like to.
MR. WEINREB: I'd prefer not to have to interrupt this. I think it would be hard for the jury. Can we just begin at 1:30?
THE COURT: Fine.
. . . END OF SIDEBAR CONFERENCE.)
THE COURT: All right, jurors. We're going to break for the lunch recess at this point, but we're going to resume a little early, to make sure we make appropriate progress, at 1:30. For others reasons, we're going to have to end around 3:00 today. We want to try to get some efficiency. So we'll be back here at about 1:30. Okay. All right. We'll be in recess.
(Luncheon recess taken at 12:50 p.m.)
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 1:35 p.m.)
COURT CLERK: Be seated.
THE COURT: All right, Mr. Weinreb.
MR. WEINREB: Thank you, your Honor.